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| AT&T Communs. of Md., Inc. v. Comptroller of the Treasury, No. 1883, September Term, 2005,
COURT OF SPECIAL APPEALS OF MARYLAND, September 13, 2007, Filed
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Overview: A telecommunications common carrier was liable for the sales tax assessment made by the Comptroller of the Treasury, pursuant to Md. Code Ann., Tax-Gen. §§ 11-101-11-712, upon the sales of 900 number services as it was not merely a common carrier of the 900 serviceS and was a jointly-responsible agent of the out-of-state vendors.
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| Alvarez v. Bateson, No. 750, September Term, 2006,
COURT OF SPECIAL APPEALS OF MARYLAND, September 13, 2007, Filed
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Overview: Maryland circuit court was not able to grant a stay of a judicial proceeding, under the automatic stay provision of 11 U.S.C.S. § 362, as to the non-bankrupt owners of a debtor corporation without a prior order granting such a stay from the bankruptcy court administering the debtor corporation's estate.
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| Ashley v. Mattingly, No. 2169, SEPTEMBER TERM, 2005,
COURT OF SPECIAL APPEALS OF MARYLAND, September 13, 2007, Filed
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Overview: Trial court erred in dismissing appellant's action challenging his paternity of a child, because Md. Code Ann., Est. & Trusts § 1-206, applied as the child was born during the parties' marriage, and the trial court had discretion to order genetic testing if it first determined that it was in the child's best interest to do so.
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| Broadwater v. State, No. 123, September Term, 2006,
COURT OF APPEALS OF MARYLAND, September 13, 2007, Filed
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Overview: Appellate court did not err in affirming trial court's judgment that found defendant waived her right to counsel by inaction pursuant to Md. R. 4-215(a) and (d); she received all applicable advisements, albeit in a piecemeal and cumulative fashion, and trial court did not err in determining her excuse for not obtaining counsel was without merit.
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| Fields v. Dep't of Human Res. Howard County Dep't of Soc. Servs., No. 1636, September Term, 2006,
COURT OF SPECIAL APPEALS OF MARYLAND, September 13, 2007, Filed
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Overview: Dismissal of an appeal by a person accused of child abuse as having been untimely was reversed and remanded because the procedural steps for pursuing an appeal in Md. Code Regs. 07.02.26.05(A), as implemented by a county department of social services, were more burdensome than the appeal process described in Md. Code Ann., Fam. Law § 5-706.1(b)(1).
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| Md. State Bd. of Physicians v. Eist, No. 329, September Term, 2006,
COURT OF SPECIAL APPEALS OF MARYLAND, September 13, 2007, Filed
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Overview: A trial court properly reversed a decision of the Maryland State Board of Physicians finding a doctor violated of Md. Code Ann., Health Occ. § 14-404(a)(33) by refusing to comply with a subpoena requesting three unconsenting patients' medical records since the Board's interest in obtaining the records did not outweigh the patients' privacy rights.
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| Mona v. Mona Elec. Group, Inc., No. 2609, September Term, 2005,
COURT OF SPECIAL APPEALS OF MARYLAND, September 13, 2007, Filed
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Overview: In a derivative action suit, a trial court was within its broad revisory authority under Md. Code Ann., Cts. & Jud. Proc. § 6-408 and Md. R. 2-535(a) when it sua sponte revised the judgment by reducing plaintiff's damages award by the amount of several loans he received from defendants and a timely j.n.o.v. motion had been filed.
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| Smith v. State, No. 2720, September Term, 2005,
COURT OF SPECIAL APPEALS OF MARYLAND, September 13, 2007, Filed
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Overview: Conviction for possession with intent to distribute cocaine within 1000 feet of school under Md. Code Ann., Crim. Law § 5-627 was reversed, as there was insufficient evidence for jury to conclude that, at time of crime, either building under construction or fenced in property were operating as school or school grounds were being used by children.
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| Willis v. State, No. 1099, September Term, 2005,
COURT OF SPECIAL APPEALS OF MARYLAND, September 13, 2007, Filed
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Overview: A trial court properly applied a two-part case law standard in denying appellant's motion to dismiss the indictment charging him with a burglary that occurred 18 years prior as no exceptions to the test based on the nature of the crimes charges was established and no statute of limitations period existed in Maryland.
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| Wilson v. State, No. 1566, September Term, 2005,
COURT OF SPECIAL APPEALS OF MARYLAND, September 13, 2007, Filed
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Overview: Defendant was properly detained pursuant to the community caretaking function after officer observed defendant lying in middle of public street and defendant did not respond when officer called out to see if he was okay; detention lasted no longer than necessary, as extension of initial intrusion only occurred after defendant proved unresponsive.
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